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17-271 - Bodrick El-Bey v. Clott


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17-271 - Bodrick El-Bey v. Clott
January 20, 2017
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MEMORANDUM DECISION AND ORDER dated 1/19/17 that plaintiffs complaint is dismissed without prejudice for lack of subject matter jurisdiction due to plaintiffs lack of standing. See Fed. R. Civ. P. 12(h)(3); Carter v. HealthPort Techs.,LLC, 822 F.3d 47, 54 (2d Cir. 2016) (where a complaint is dismissed for lack of Article III standing, the dismissal must be without prejudice, rather than with prejudice). Plaintiffs request for a temporary restraining order is denied as moot. Although plaintiff paid the filing fee to initiate the action, the Court certifies pursuant to 28 U.S.C. ยง 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).( Ordered by Judge Brian M. Cogan on 1/19/2017 ) c/m *forwarded for jgm. (Guzzi, Roseann)